The term ‘punishment’ means torture that a person should undergo on account of doing a wrong. In other words, it is just the physical implication of law. It is aptly said, “The mills of God grind surely though slowly.” Simply stating, punishment can be defined as an evil resulting to an individual from the direct intention of another, on account of some act. The word punishment is synonomous with “penalty”, “liability”, “forfeiture”, “conviction”, “purgatory”, “penance”, “nemisis”, “castigation”, “penalization” etc. The primary purpose of punishment is to protect the society the society by reducing the criminal behavior of the criminals. Any criminal offence spreads alarm; the punishment reestablishes security. Offence is the enemy of all, whereas punishment is the common prosecutor. The whole matter of punishment can be distributed under several heads. Among such, the concept of capital punishment is of immense importance. Capital punishment puts an immediate end into the life of the offender. Section 53 of Indian Penal Code,1860 provides for the types of punishment to be given to the offenders and one among them is “death” or “capital punishment.”
In ancient times as well as in Middle Ages, it was assumed that in order to protect the society from serious offences, the obvious way to secure the peace and tranquility of the society is to sentence the criminals to death. In 1810, a Bill was bought forward in England to abolish death penalty. Despite gloomy prognostications, capital punishment has been disused. Romilly, Bentham, Bright has all stood for curbing the capital punishment. Countries like Norway, Sweden, Denmark, Holland, Belgium, Finland, Cantons of Switzerland etc has scrapped capital punishment as a whole.
Arguments in favor of death penalty:
- Heu! Heu! quam male est extra legem viventibus. This type of punishment is of the greatest apparent magnitude. Moreover, it is the most impressive and exemplary one.
- This type of punishment puts a speedy termination to a dishonored existence, strip of all true worth.
- As it is more frightening one, it is the most effective preventive punishment. Hard core criminals are wiped out from the society forever.
- Incorrigible offenders will lead natural lives notwithstanding the fact that they have committed heinous crime. It would force people in the society to lead their life in fear.
- It is unnecessary for the State to maintain such criminals. Therefore, capital punishment should be applied upon them so that the expenditure of the State can be reduced and tge State can use such fund for more welfaristic policies.
Arguments against death penalty:
- Life is nothing but a gift of God. Therefore, no one even including State has any right to take away an individual’s life.
- Man is not subjected to social contract. Man cannot be terminated from the society as because he has committed any crime.
- If a person, not quite normal or cultured, takes life in a state of quasi insanity or in a state of moral imbecility, the law should not ordain the impising of a punishment which is very similar to taking of life.
- The most arbitrary of all punishment is the death penalty. This is a hindrance towards the way of individualization. The abolition of capital punishment would enable feasibility for the individualization of the penal treatment of the murders.
- Lex talionis( taking of life for a life) is the framework of death punishment. The Mosaic law says,“ Life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot is unsuited for the civil is end societies.
- Another point where this punishment can be defied is that irredeemable errors committed might be corrected. But judicial pronouncement once made cannot be corrected as the death sentence has already been executed.
- It is true that Statistics is an unruly horse. Once you astray into it, you never know where it will take you into. Statistics has proved that there is no deterrent value of capital punishment. As a result of it, death sentence is highly advocated.
- Death penalty should be abolished on the basis of following facts:
- Why penalize the unfortunate wife and children, parents and relatives of the offender by capital punishment?
- Why do we put an end to all chances of reformation by destroying the prisoner?
- Why deprive the world of that advantage where good children sometimes spring from wicked persons?
Thus, it seems justifiable to replace the death sentence with the punishment of permanent imprisonment until natural death, by allowing the prisoner to an extent of freedom that he needs to enjoy, a severe punishment than the life imprisonment and which justifies all the theories of punishment and the concepts of humanity and liberty.
